Definition of
CAVEAT EMPTOR

CAVEAT EMPTOR

Let the purchaser take heed; that is, let him seeto it, that the title he is buying is good. This is a rule of the commonlaw, applicable to the sale and purchase of lands and other real estate.If the purchaser pay the consideration money, he cannot, as a general rule,recover it back after the deed has been executed; except in cases of fraud,or by force of some covenant in the deed which has been broken. The purchaser,ifhe fears a defect of title, has it in his power to protect himself by propercovenants, and if he fails to do so, the law provides for him no remedy.Cro. Jac. 197; 1 Salk. 211 Doug. 630, 654; 1 Serg. & R. 52, 53 , 445. Thisrule is discussed with ability in Rawle on Covenants for Title, p. 458,et seq. c. 13, and the leading authorities collected. See also 2 Kent, Com.Lect. 39, p. 478; 2 Bl. Com. 451; 1 Stor , Eq. 212 6 Ves. 678; 10 Ves. 505;3 Cranch, 270; 2 Day, R. 128; Sugd. Vend. 221 1 Bouv. Inst. n. 954-5.

2. This rule has been severely assailed, as being the instrument of falsehoodand fraud; but it is too well established to be disregarded. Coop., Just.611, n. See 8 Watts, 308, 309.